ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES
IN THE MATTER OF an application for consent to the abolition of the St. Clair Beach Police Service
Presiding Members:
Murray W. Chitra, Chair
Bob Saracino, Member
Appearances:
Gerald Sykes, Chief Administrative Officer, Town of Tecumseh
Ed Renaud, Mayor, Town of Tecumseh
Tom Fuerth, Chair, Tecumseh Police Services Board
Ken Towers, Member, Tecumseh Police Services Board
Inspector Bill Dennis, Detachment Commander, Essex County, Ontario
Provincial Police
Michael Smith, Chief, St. Clair Beach Police Service
Sergeant Rick Tonial, President, St. Clair Beach Police Association
Maurice Hodgson, Policing Services Advisor, Ministry of the Solicitor General Staff Sergeant Ray Davis, Case Manager-Western Region, Ontario Provincial Police
Hearing Date: October 6, 1999
This is an application by the Town of Tecumseh (the “Town”) and Tecumseh Police Services Board (the “Board”) pursuant to section 40 of the Police Services Act, R.S.O., c. P.15 as amended (the “Act”) for consent to the abolishment of the St. Clair Beach Police Service (the “Service”). This is for the purpose of having all policing in the Town provided by the Ontario Provincial Police (the “OPP”).
Background
On November 19, 1997 the Honourable Al Leach, Minister of Municipal Affairs and Housing, signed a Restructuring Order for the County of Essex. This had the result of reducing the number of existing municipalities from twenty-one to seven.
Effective January 1, 1999, the seven new municipalities were:
Town of Amherstburg
Town of Essex
Town of Kingsville
Town of LaSalle
Town of Lakeshore-Rochester-Tilbury North and West
Town of Leamington
Town of Tecumseh.
The subject of this proceeding is the proposed policing arrangement for the ‘new’ Town of Tecumseh.
The ‘new’ Town consists of three former municipalities. These include the ‘old’ Town of Tecumseh, the Village of St. Clair Beach, and the Township of Sandwich South. The new municipality is located in Essex County on the north shores of Lake St. Clair immediately to the east of the City of Windsor.
It occupies an area of 120.13 square kilometers with a total population of
23,462.1 About 80% of the Town’s area is dedicated to agriculture. However, farming is only a minor employer. The community has a well-established light manufacturing industrial base focused primarily on the automotive sector. It is also the site of the local airport.
The Town has a number of residential areas supported by a range of recreational facilities. These include two golf courses, a marina and a sailing club. Of the
total population 76% work in the adjoining City of Windsor. The average 1995 household income for the community was $84,000.
During the restructuring a number of important issues had to be resolved. As a result, a Transition Board was established with two representatives from each former municipality. On March 3, 1998 the Transition Board created a three member Select Police Sub-Committee with a representative from each former municipality to examine the question of policing and select a single service provider.
During the restructuring policing in the ‘old’ Town of Tecumseh and Township of Sandwich South was provided by the OPP. Law enforcement in the Village of St. Clair Beach was provided by the St. Clair Beach Police Service.
The Select Police Committee developed a Request for Proposal. On May 5,
1998 the Committee invited both the OPP and St. Clair Beach Police Service to complete the document. The Windsor Police Service was not asked to submit a proposal.
A public meeting was held on May 13th to receive comments and input from local residents. A total of 155 people attended. The two proposals were received on June 2, 1998. They were presented at a public meeting held on June 16th. A
series of further questions were directed to the OPP and Service on June 30th. Written replies were provided.
On July 7, 1998 the Transition Board passed a resolution calling for acceptance of the OPP proposal. It was directed to the three municipal councils. However, the recommendation was not adopted by Council for the Village of St. Clair Beach. As a result the final decision was deferred to the Council of the ‘new’ Town which was scheduled to come into existence on January 1, 1999.
On January 12, 1999 the ‘new’ Council passed a resolution accepting the OPP proposal. A similar resolution was adopted by the Board on January 19, 1999. Both were forwarded to the Ontario Civilian Commission on Police Services (the “Commission”) with a request that a hearing be held under section 40 of the Act.
In August of 1999 the Commission was advised that the parties were ready to proceed. As a result a public meeting was scheduled for October 6, 1999. Notice of this fact was published in local newspapers.
The meeting took place as scheduled. A total of nine individuals either made presentations or submissions. As well, we received written material and various documents in support of the positions taken. As well, since that time, we have requested and received further details about certain aspects of the proposal.
The Law:
Section 4(1) of the Act states that every municipality shall provide adequate and effective police services in accordance with its needs. For the purpose of this application this refers to the ‘new’ Town of Tecumseh.
Section 4(2) defines “adequate and effective” as the ability to provide policing services under the five following categories: Crime Prevention, Law Enforcement, Assistance to Victims of Crime, Public Order Maintenance and Emergency Response.
Section 4(3) states that a municipality shall be responsible for providing all necessary infrastructure and administration required to provide adequate and effective police services.
A municipality may meet this obligation by establishing and maintaining its own force, entering into a joint agreement with another municipality or contracting for the provision of the services of the OPP. However, where a municipal police force exists, section 40 of the Act defines the procedure that must be followed before it is abolished.
Specifically, section 40 states:
i. A board may terminate the employment of a member of the police force for the purpose of abolishing the police force if the abolition does not contravene this Act.
ii. The Commission shall consent to the termination of the employment of a member of the police force under subsection (1) only if,
(a) the member and the board have made an agreement dealing with severance pay or agreed to submit the matter to arbitration; or
(b) the Commission has made an order under subsection (3).
iii. If the member and the board do not make an agreement dealing with severance pay and do not agree to submit the matter to arbitration, the Commission, if it is of the opinion that it would be appropriate to permit the abolishment of the police force, may order the member and the board to submit the matter to arbitration.
The Issues:
The first concern of the Commission is to ensure that no municipal force is abolished unless arrangements have been made to meet the policing needs of the community. Any new arrangement must provide the infrastructure (i.e. staff, equipment and facilities) to ensure adequate and effective police services. To this end the Commission reviews the proposal accepted by Council and considers all relevant public comments and submissions.
Given that the proposal in question not only proposes to disband the St. Clair Police Service, but replace it with an arrangement for the ‘new’ Town, it is necessary to examine the proposal in total.
The second issue is whether or not under the proposal existing members of the police service who are subject to the proposed abolition, are dealt with in a fair and reasonable manner. If any member is to be terminated as a consequence of the abolition, the question then becomes whether or not the parties have reached an agreement with respect to severance or have consented to having any outstanding matters referred to arbitration. If no arrangement has been reached, then the Commission may order the parties to arbitration.
That being said, it is worth noting that given the wording of the Act there are a number of matters beyond the Commission’s purview. It is not our role to judge the relative merits of municipal versus OPP contract policing in a particular
community or the potential of any proposal to save or increase policing costs. These are matters for Council and the Board to assess.
It is not our function to judge whether or not what is being proposed is superior to what may already be in place or some other alternative. Our focus is to determine whether the arrangements being proposed meet the requirements of the Act. Finally, it is not our function to determine what constitutes an
appropriate severance arrangement. That is a matter for bargaining between the parties and, in the absence of agreement, for arbitration.
The Current Policing Arrangement:
As noted earlier, the Town is policed by two forces, the St. Clair Beach Police Service and the OPP. For the purposes of this proceeding it is important to understand how both are structured.
The St. Clair Beach Police Service has policed the former Village of St. Clair
Beach since 1958. The former Village had a population of 3,700. It occupied
3.13 square kilometers and consisted of 1,325 households.
The Service operates out of a municipally owned building located at 13677 St. Gregory’s Road. The 1998 budget was $453,000. Its Chief is Michael Smith. The Service also has a sergeant, three full-time constables and one civilian employee. Officers are currently dispatched from the OPP Communications
Centre in Chatham-Kent. The police to population ratio is 1:740 (5 officers: 3700 residents).
The former Town of Tecumseh is policed by the OPP. This arrangement has existed since the 1940’s. The former Town had a population of 12,979. It occupied 6.19 square kilometers and consisted of 4,450 households.
The Tecumseh Municipal OPP office until recently was located at 917
Lesperance Road. At the present time OPP staff are sharing space at 13677 St. Gregory’s Road. The 1998 cost of OPP municipal policing was $870,454. The allocated municipal policing complement consists of one sergeant, 9.33 constables and 1.5 civilian employees. The police to population ratio is 1:1256 (10.33 officers: 12,979 residents).
The former Township of Sandwich South is also policed by the OPP. The former Township had a population of 6,783 people. It occupied 110.81 square kilometers and consisted of 2,200 households.
The Township was policed out of the Essex OPP Detachment at 1219 Manning Road. The 1998 cost of OPP municipal policing was $644,377. The allocated municipal policing complement consists of .82 sergeants, 5 constables and .38 civilian employees. Dispatching is out of the OPP Communications Centre in
Chatham-Kent. The police to population ratio is 1:1165 (5.82 officers: 6783 residents).
As noted earlier, the newly amalgamated Town has a population of 23,462 in an area of 120.13 square kilometers. It has a total of 7,975 households. Taking into account the policing resources set out above, the current dedicated municipal policing complement is 21.15 uniformed officers and 2.88 civilians. The overall total police to population ratio is 1:1109 (21.15 officers: 23,462 residents).
The total overall policing cost for 1998 would have been $1,967,831.
The Proposal:
The proposed policing arrangement was described to us in detail by Inspector Bill
Dennis. It can be best set out under the general headings of staffing, deployment, facilities, communications, equipment and transition.
A) Staffing
What is being advanced is an amalgamation of existing Tecumseh municipal and OPP resources. They in turn would be integrated with the existing OPP Essex County contract and provincial complement.
Specifically, 17 full-time constables and one sergeant would work in Tecumseh to provide dedicated front line police services. They would be assisted by 1.5 clerical employees provided by the municipality. These clerical workers would remain municipal employees.
The Tecumseh officers would be supported by uniformed and civilian staff working from the Essex OPP Detachment building. The equivalent of 5.83 uniformed officers and one civilian employee would provide essentially administrative and support roles.
In summary, the total proposed municipal Tecumseh complement would be:
.25 inspector
.25 staff sergeant
3 sergeants
17 patrol constables
1.73 detective constables
.25 community services constable
.60 firearms and differential response constable
.75 court constable
2.5 clerical support (including 1.5 provided by municipality
Overall, this represents 23.83 dedicated uniformed municipal officers and 2.5 support staff. There would be an officer to citizen ratio of 1:985 (23.83 officers:
23,462 residents).
The total cost of this proposed arrangement is estimated at $2,212,650. The OPP has additional resources in Essex County. These include two
municipal contracts (Lakeshore and Kingsville) with a total of 44.98 dedicated officers. As well there are 26.19 officers assigned to police areas of provincial jurisdiction within the County. If required, these resources would be available to support municipal policing in Tecumseh.
Finally, throughout the County the OPP deploy an Auxiliary Police Unit with 39 members. According to the proposed Business Plan for the ‘new’ Town, 8.75 members of this Unit would be allocated to Tecumseh.
B) Deployment and Facilities
Staff would be located at a new 5,700 square foot facility at 949 Lesperance
Street.
The firm of J.P. Thompson and Associates has been retained to prepare the plans for and oversee the construction of this building. According to that firm’s Building Cost Analysis the total estimated expenditure is $668,200. This amount is in addition to police staffing costs. We have been provided with various resolutions of Council committing funds in their 1999 budget for this purpose.
We have been provided with a copy of the site and floor plans for the building. In addition to working space for staff, it will contain:
lockers and shower facilities
a handicapped accessible washroom
secure storage for weapons
secure storage for evidence and property that is found or seized
2 cells and a secure area for young offenders (all video monitored and fire secure)
a garage with sally port
an emergency phone at the entrance for public access to the
Communications Centre.
Construction is currently underway with a scheduled completion date of June or July, 2000. Until that date it is proposed that staff remain at the St. Clair Beach Police Service facility on St. Gregory Road.
The Tecumseh officers would provide the community with 24-hour coverage. Uniformed patrol staff would be assigned to four platoons of four officers working
twelve-hour rotating shifts. This would mean that a minimum of three constables would be on duty in the Town at any time.
Officers would be deployed in two patrol zones. One would encompass the former Village of St. Clair Beach, Town of Tecumseh and a small portion of Sandwich South. The other zone would be composed of the balance of the former Township of Sandwich South. Officers working in this zone would have access to a Community Policing Office located in the Public Works building located at 2730 Highway 3.
There would be a sergeant working from the Tecumseh facility on duty Monday through Friday during normal business hours. The four platoons would be supervised by sergeants working out of the Essex Detachment. These sergeants would also oversee the patrol officers assigned to the Lakeshore OPP municipal contract. Lakeshore officers would provide backup when Tecumseh officers
were required either to transport prisoners or attend court in Windsor.
Overall supervision would be provided by an inspector and staff sergeant working from the Essex Detachment. That facility also has five video monitored secure cells and eight contract guards available if required.
C) Communications
Citizens in Tecumseh will be able to contact the police by using 911 for emergencies and 1-888-310-1122 for other matters. Cell phone users will be able to dial *OPP. There will also be a local administrative number and teletypewriter service (TTY) for the hearing impaired.
It is proposed that the dispatching would continue to be provided from the Chatham-Kent OPP Communications Centre. This facility operates on a 24-hour basis 365 days a year. It is staffed by 19 dispatchers, 6 sergeants, a staff sergeant and a technologist.
The OPP communication network is essentially a hybrid microwave system using several linked towers throughout Essex County. These towers ensure overlapping coverage. There are tactical, simplex and provincial common channels. All incoming and outgoing radio and telephone conversations are recorded. The Centre has emergency battery and diesel power backup.
An in-car repeater will be used in conjunction with portable radios which will extend the range for the car radio system for officers who are away from their vehicle. Overall, this will permit communications from dispatch to car, car to dispatch, car to car, and officer to car.
We are advised that the communication system covers the complete Town with no “dead” zones which would impair officer safety.
D) Equipment
Officers would be provided with the necessary uniforms. All would be issued with
Sig Sauer P229 semi-automatic handguns. Other equipment to be provided includes:
A breathalyzer or Intoxilyzer
3 roadside screening devices
3 radar units
long guns
a spike belt
A total of 6 marked cruisers and one unmarked vehicle would be allocated to municipal policing matters. In addition to the OPP crest, the marked cruisers would have “Tecumseh” stenciled on the rear doors.
At the current time both the OPP and Service use the Ontario Municipal and Provincial Police Automation Co-operative (OMPPAC) as their records management system. It is proposed that this arrangement would continue. As well, all of the Service’s Canadian Police Information Centre (CPIC) files would be audited and transferred to the OPP.
E) Transition
The five officers and one civilian member of the Service have been offered employment with the OPP. It is proposed that all officers who accept would receive one week of orientation training at the OPP academy in Orillia.
The officers of the Service have already received training on the use of the OPP mobile communication system. As well, both OPP and Service members working in the ‘new’ Town have been conducting joint patrols so as to become familiar with the whole community. A public education campaign is planned to advise citizens of changes as they occur.
Decision:
Is the proposal presented likely to provide the ‘new’ Town of Tecumseh with
“adequate and effective police services”?
The Act does not define what constitutes “adequate and effective police services”. However, some assistance can be found in certain provisions of the Act and prior Commission decisions.
In particular, section 4(2) of the Act states:
4(2) Adequate and effective police services must include, at a minimum, all of the following services:
Crime prevention.
Law enforcement.
Assistance to victims of crime.
Public order maintenance.
Emergency response.
Section 4(3) sets out that a municipality must provide “all infrastructure and administration necessary for providing such services, including vehicles, boats, equipment, communication devices, buildings and supplies.”
Commission decisions in various contexts have articulated different tests to assess or determine adequacy. At page 15 of Municipality of Chatham-Kent (August 14, 1998) we stated:
Broadly these tests have been comparative or alternative. The comparative tests may be applied historically or geographically. Where it is applied historically, the current or proposed level is compared to that which the municipality has received in the past. If past staffing levels were considered adequate the proposed or current level is normally presumed to be adequate and effective.
Where the comparative test is applied geographically, the proposed or current staffing level is measured against those found in communities of similar size or needs. If these levels are considered adequate in those communities a similar level proposed is generally presumed to be adequate and effective. These presumptions are
by definition rebuttable.
How does this apply to the facts of this case?
At the present time the ‘new’ Town of Tecumseh is policed by two police services under three different arrangements. Collectively they dedicate 21.15 uniformed officers and 2.88 civilian employees to municipal policing. It is proposed to integrate these resources into a new structure with 23.83 uniformed officers and 2.5 civilian employees.
On the face of it, this would represent an overall increase in the resources historically allocated to municipal policing in the region. It would be an additional
2.68 uniformed officers and .38 less civilians. As well it would represent an overall improvement in the citizen to officer ratio from 1:1109 to 1:985.
Other obvious advantages include:
a reduction in management (i.e., one less chief and fewer sergeants)
the availability of neighboring OPP municipal and provincial resources to support Tecumseh officers
the availability of OPP auxiliaries to assist officers (particularly in the former Village of St. Clair Beach where no auxiliary unit existed).
As well, it is argued that a workload analysis of calls for service in the municipality supports this level of proposed service.
How does this proposed arrangement compare with communities of similar character, size and needs? To this end, it is worthwhile to examine the policing arrangements for the neighboring communities that form the balance of Essex County. Two of these mixed rural and urban communities are policed by the OPP. The remaining four have their own police services.
MUNICIPALITY POPULATION POLICE OFFICERS RATIO
Town of Amherstburg2 19,303 28 1:689
Town of Essex3 19,201 24 1:800
Town of Kingsville (OPP)4 18,407 19.86 1:927
Town of LaSalle 20,924 28 1:747
Town of Lakeshore – Rochester-Tilbury North and West (OPP)
25,584
25.12
1:1018
Town of Leamington5 25,042 35 1:715
Total
128,461
159.98 1:803
It is also worth noting the policing arrangements for the two adjoining municipalities. Chatham-Kent has 149 police officers for a population of approximately 110,000.6 This is a citizen to officer ratio of 1:738. The City of
Windsor has 414 police officers for a population of 200,062. The citizen to officer ratio is 1:483.
For comparison purposes, it would not be reasonable to place reliance on the latter two communities. First, Chatham-Kent is geographically larger and has almost five times the population. Second, it would not be appropriate to equate the mainly urban City of Windsor with the much smaller suburban and rural Town of Tecumseh.
The Town of Tecumseh would appear to have clear elements in common with the other mixed rural and urban municipalities of Essex County. The seven communities have similar numbers of residents and households. They share roads, communications, and services. There is common traffic and commerce.
Based on the information submitted, the Commission identified that the current policing arrangement in Tecumseh provides the citizens of that community with the lowest level of policing coverage (1:1109) in south-western Ontario. The proposal will improve that situation, yet would still leave Tecumseh with 22% per capita fewer police officers compared to the balance of the County (1:803 to
1:985). On the face of it, this is difficult to justify.
It has been suggested to us that the Commission’s decision in Town of Kingsville (December 30, 1998) supports the proposed complement. In Kingsville the Commission approved an integrated OPP policing arrangement with a ratio of
1:927 (19.86 officers: 18,407 residents).
There is no doubt that on the face of it the two communities have certain elements in common. Kingsville occupies 247 square kilometers and has 204 kilometers of roads. It has 18,497 residents and 7,070 households. Tecumseh, as noted earlier, occupies 120.13 square kilometers and has 199 kilometers of roads. It has 23,462 residents and 7,975 households.
That being said, how do the policing needs of the two specific communities and the workload of their uniformed staff compare?
KINGSVILLE7
TECUMSEH
Incidents
➔ Non Criminal Code
➔ Total
488
1615
2103
1355
5019
6374
Ratio
➔ Officer: Criminal Code
➔ Officer: Total Incidents
1:25
1:107
1:57*
1:267*
Motor Vehicle Collisions
➔ Personal Injury
➔ Property Damage
➔ Fatal Accidents
➔ Total
- proposed
120
53
1
174
73
307
1
381
Certain factors seem clear. For each police officer in Kingsville there are a total of 107 incidents per year (including 25 criminal offences) to be dealt with. The potential workload for each proposed Tecumseh officer would be more than double this (i.e. 267 incidents per year per officer - including 57 criminal offences). Even given the fact that the two communities have similar lengths of highways to patrol, Tecumseh has more than twice as many motor vehicle collisions (i.e. 381 vs. 174).
Given the obvious differences in workload, it does not appear to us that the decision in Kingsville can be used to support the proposed uniform complement in Tecumseh.
Taking this into account and given the notable difference with the overall County ratios we do not believe that the proposed uniformed complement in Tecumseh is sufficient to allow for adequate and effective policing. Other factors which bring us to this conclusion include:
the rate of growth of the community
the need to meet forthcoming provincial standards
the mobility of crime and criminals (particularly given both local and international traffic)
the presence of the Windsor Airport as part of this municipality’s policing responsibility
the recent increase in the total number of kilometers of roads that Tecumseh officers must police (from 55 to 199 Kilometers). A number of these are main arteries leading to and from the City of Windsor.
As well, we note that the overall calls for police services in Tecumseh are increasing. In 1997 there were 5,497 total calls for service. In 1998 there were
6,374. This is a 16% increase.
We believe additional front-line officers are required.
One other aspect of the proposed staffing arrangement gives us some concern. That relates to the proposal for support staff. As noted earlier the plan calls for
2.5 civilian employees. One assigned to court case management in Windsor, would be a civilian employee from the former St. Clair Beach Police Service who would be transferred to the OPP.
The other civilian resources are one full and part-time (3 days a week) clerical and secretarial employee. They are currently municipal employees. It is not proposed that they be transferred to the OPP. Rather it is suggested that they remain on the municipal payroll and be assigned to work at the police facility.
Even assuming that such an arrangement is permissible under the relevant collective agreements, we are concerned that the employees in question could be moved or transferred, reassigned, or their work priorities changed by their municipal employers based on concerns unrelated to policing needs.
Accordingly, to our mind it is important that any contract between the municipality and OPP provide that for the term of the agreement these positions are to remain in place and be dedicated to policing.
On the positive side, we find the proposed patrol zones, shift arrangement and general deployment of staff to be sensible and well considered. As well, the proposed level of supervision (.25 inspector, .25 staff sergeant and 3 sergeants for 25.53 employees) seems within the acceptable range. This would be one manager for each 7.3 employees.8
The proposed arrangement with respect to facilities is excellent. We have examined the plans for the new building at 949 Lesperance Street. If completed as proposed, it will provide the community and officers with a centrally located, modern and properly equipped police station. It will represent a significant improvement.
In Town of Goderich (April 15, 1996) the Commission stated at page 6 of its decision:
It is self evident that a proper communication and dispatch system is a key element of “adequate and effective” policing. Citizens of a community must be able to readily contact their local police force in cases of emergency. The police force must have an effective means to respond to such calls for service.
We are familiar with the Chatham-Kent OPP Communications Centre. It is currently providing the dispatching for both police forces in question. This arrangement appears to work well and we have no reason to doubt that it will continue to do so.
That leaves the issue of equipment. Again, the proposal seems to be both well considered and acceptable. The transition plan also seems realistic.
This brings us to the question of termination and severance. We are advised that all members of the St. Clair Beach Police Service have been offered employment with the OPP. Further we are informed that all members have reached agreement with respect to severance.
Accordingly, we approve the disbandment of the St.Clair Beach Police Service. This approval is subject to the following conditions:
The proposed complement be increased by 3 front line uniformed officers (for a total of 26.83 uniformed positions).
The contract between the municipality and OPP clearly provide that the 1.5 support staff provided by the Town are dedicated to policing and that the positions are to remain in place during the term of the agreement.
The construction on the proposed police facility at 949
Lesperance Street will be completed in accordance with both the plans and schedule submitted.
DATED THIS 20TH DAY OF JANUARY, 2000.
Murray W. Chitra Bob Saracino
Chair, OCCPS Member, OCCPS
Footnotes
- Unless indicated otherwise, all population statistics in this decision are taken from 1997 Municipal Enumeration Data.
- The current policing arrangement in Amherstberg is the subject of a section 40 proceeding before the Commission.
- See Town of Essex (December 23, 1998, OCCPS)
- See Town of Kingsville (December 30, 1998, OCCPS)
- See Town of Leamington and Township of Mersea (July 1, 1998, OCCPS)
- See Municipality of Chatham-Kent (August 14, 1998, OCCPS)
- OPP Business Plan 1999-2000: Town of Kingsville
- Town of Goderich (October 27, 1997, OCCPS)